How Much Is My Personal Injury Case Worth?

Posted on:September 12, 2018byBerry

After suffering a personal injury such as a slip and fall, dog bite, or car accident, it’s not uncommon to think about how much your case is worth. The answer ultimately depends on the damages incurred, such as what you have suffered physically, mentally, monetarily, and even if the defendant’s actions deserve to be punished.

Here you can get an idea of the personal injury damages for which you are eligible as well as the kind of damages for which you would identify.

Typically in personal injury cases, charges are paid to the injured party (plaintiff) by the company or person who is legally responsible for the accident (the defendant or their insurer). After a settlement has been reached, the damages awarded will be determined between both parties, their attorneys, and the insurance companies. In other cases, they may be ordered by a jury or judge to go to trial.

The following information discusses the types of damages that are common in personal injury cases as well as how the compensation will be affected by the plaintiff’s actions.

Compensatory Personal Injury Cases

Most personal injury cases are identified as “compensatory,” meaning that the intention is to compensate the injured party, or defendant, for the damages on behalf of the plaintiff. This compensation is determined to provide the needed relief for the injured party to recover properly.

This case will put a dollar value on each injury suffered, and while some are easy to determine, some are not. For example, quantifying medical bills and property damages can be easy, but it’s difficult to put a value on the amount of physical pain and suffering or ability to perform future activities due to physical disabilities.

The following includes a list of compensatory damages that are found in most personal injury cases:

Pain and suffering. If you have suffered serious discomfort or pain after an accident or its aftermath, you may be entitled to a specific compensation.

Medical treatment. Known to be relatively easy to determine the amount of awarded damages, personal injury compensation almost always includes the cost of medical treatment after an accident. This compensation may include the cost of treatment you have already received as well as additional treatments you may need in the future.

Property loss. In addition to pain and discomfort, any damages incurred to your property, such as your car, home, or items, may be entitled to compensation for repairs or replacement. This will be taken at the fair market value of the property.

Emotional distress. This type of pain and suffering are usually only compensated for more serious accidents. But it is meant to compensate the injured party for the psychological impact taken on, such as sleep loss, anxiety, or fear. There are some states that still consider this as pain and suffering.

Loss of enjoyment. When you are not physically capable of enjoying specific activities, such as exercise, hobbies, and other recreational activities, you may be eligible for “loss of enjoyment” compensation.

If the accident had caused you to miss work, it will have an impact on your salary or wages. This would include both the income you have lost but the money would have been able to make in the future if the accident never happened. This type of compensation would be counted as “loss of earning capacity.”

Loss of consortium. This is mostly related to the impact the injuries incurred on the relationship between the plaintiff and their spouse. Some states also consider the impact on the relationship between the plaintiff and their child if one is injured. Some cases may conclude that the consortium damage is awarded directly to the family member.

Punitive Personal Injury Cases

If the defendant’s actions were intentional or extremely negligent, the plaintiff can be awarded compensation both punitive and compensatory damages. Punitive damages are usually intended to push consequences on the defendant for their negligent or intentional actions.

This would usually result in extreme charges, such as charges significantly exceeding the cost to make the injured party “whole again.” But many states still have a cap on the damages to prevent such outrageous charges from being incurred.

How Damages Awards are Affected by the Plaintiff’s Actions

There are cases in which the injured party’s actions, or even inactions, can take away from the damages awards they are eligible to receive.

Contributory negligence. Not many states follow this, but the concept of this is that the injured party may not be eligible for any compensation because they were held partially responsible for the accident.

Comparative negligence. If the injured party is at any fault for the accident that caused the injuries, the compensation they receive can reflect this.

Failure to mitigate damages after the accident. Most state laws don’t require but do expect the plaintiffs to take steps to help “mitigate” or minimize the damage. This in turn can reduce the financial harm caused to both parties. But if they don’t do anything, such as not getting the proper treatment needed and their injury becomes worse, the compensation awarded will be reduced significantly.

Work with a Personal Injury Attorney

The damages and types of personal injury cases stated in this article are intended to help understand the circumstances in which compensation is received and affected; it is not to be taken as legal advice. For more information on obtaining the compensation you deserve, it is highly recommended to reach out to a personal injury attorney.

Contacting a professional that is experienced can even maximize the amount of damages for which you are eligible, provided that all evidence, details, and efforts are made. Finding one that specializes in specific personal injury cases, such as medical malpractice, car accidents, slip and fall, etc. will also help your case due to their specialization and experience.

Our personal injury lawyers at Berry K. Tucker & Associates, Ltd. can provide insight to your case. Our attorneys not only have over 50 years of combined experience working in diverse cases, but ensure to stay updated on changes in the law. This allows us to develop the best strategy for your case, fighting for the compensation you deserve so you can recover properly.

Schedule a Consultation

For more information or to schedule a consultation with our personal injury attorneys, contact Berry K. Tucker & Associates, Ltd. at (708) 425-9530.

Information provided by this website is not intended to be legal advice specific to those reading it. All cases are unique and application of the law is determined only a by a ruling on how the law applies to the facts of that case. The use of this website does not form an Attorney-Client nor a privileged relationship between the law firm and the site user.